Opinion
A23-0310
04-25-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST Richard W. CUROTT, a Minnesota Attorney, Registration No. 0020448.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Richard W. Curott committed professional misconduct warranting public discipline—namely, failing to cooperate with the Director in three disciplinary investigations, failing to maintain trust account books and records, failing to safeguard funds of 14 clients, commingling personal funds in his trust account, using an improper firm name, and failing to provide a law firm employee with correct tax documents. See Minn. R. Prof. Conduct 1.15, as interpreted by Appendix 1, 7.1, 8.1(b), 8.4(d); Minn. R. Prof. Conduct 7.5(d) (2022) (repealed Sept. 1, 2022); Rule 25, Rules on Lawyers Professional Responsibility (RLPR).
The parties have entered into a stipulation for discipline. In it, respondent waives his rights pursuant to Rule 14, RLPR, and unconditionally admits the allegations of the petition, except for one paragraph that the Director has withdrawn. The parties recommend that the appropriate discipline is a 90-day suspension and that respondent be required to petition for reinstatement.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. Respondent Richard W. Curott is indefinitely suspended from the practice of law, effective as of the date of this order, with no right to petition for reinstatement for 90 days.
2. Respondent may petition for reinstatement pursuant to Rule 18(a)–(d), RLPR. Reinstatement is conditioned on successful completion of the written examination required for admission to the practice of law by the State Board of Law Examiners on the subject of professional responsibility, see Rule 18(e)(2), RLPR ; see also Rule 4.A.(5), Rules for Admission to the Bar (requiring evidence that an applicant has successfully completed the Multistate Professional Responsibility Examination); and satisfaction of continuing legal education requirements, see Rule 18(e)(4), RLPR.
3. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals), and shall pay $900 in costs pursuant to Rule 24(a), RLPR.
BY THE COURT:
/s/ _______________
Natalie E. Hudson
Associate Justice